MSHA
Notices
Proposed Information Collection Request Submitted for Public Comment and Recommendations; Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines
[ 6/29/2007]
[ PDF]
FR Doc E7-12525
[Federal Register: June 29, 2007 (Volume 72, Number 125)]
[Notices]
[Page 35730-35731]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jn07-87]
[[Page 35730]]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Proposed Information Collection Request Submitted for Public
Comment and Recommendations; Representative of Miners, Notification of
Legal Identity, and Notification of Commencement of Operations and
Closing of Mines
ACTION: Notice.
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SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden conducts a pre-clearance
consultation program to provide the general public and Federal agencies
with an opportunity to comment on proposed and/or continuing
collections of information in accordance with the Paperwork Reduction
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to
ensure that requested data can be provided in the desired format,
reporting burden (time and financial resources) is minimized,
collection instruments are clearly understood, and the impact of
collection requirements on respondents can be properly assessed.
DATES: Submit comments on or before August 28, 2007.
ADDRESSES: Send comments to: Debbie Ferraro, Management Services
Division, 1100 Wilson Boulevard, Room 2171, Arlington, VA 22209-3939.
Commenters are encouraged to send their comments on computer disk, or
via e-mail to Ferraro.Debbie@DOL.GOV. Ms. Ferraro can be reached at
(202) 693-9821 (voice), or (202) 693-9801 (facsimile).
FOR FURTHER INFORMATION CONTACT: Contact the employee listed in the
ADDRESSES section of this notice.
SUPPLEMENTARY INFORMATION:
I. Background
Section 103(f) of the Federal Mine Safety and Health Act of 1977,
Pub. L. 91-173 as amended by Pub. L. 95-164, (Mine Act) establishes
miners' rights which may be exercised through a representative. Title
30, Code of Federal Regulations CFR part 40 contains procedures which a
person or organization must follow in order to be identified by the
Secretary as a representative of miners. The regulations define what is
meant by ``representative of miners,'' a term that is not defined in
the Mine Act.
Title 30, CFR 40.3 requires the following information to be filed
with the Mine Safety and Health Administration (MSHA): (1) The name,
address and telephone number of the representative or organization that
will serve as representative; (2) the name and address of the mine
operator; the name, address and MSHA ID number, if known, of the mine;
(3) a copy of the document evidencing the designation of the
representative; (4) a statement as to whether the representative will
serve for all purposes of the Act, or a statement of the limitation of
the authority; (5) the name, address and telephone number of an
alternate; (6) a statement that all the required information has been
filed with the mine operator; and (7) certification that all
information filed is true and correct followed by the signature of the
miners' representative. Title 30, CFR 40.4 requires that a copy of the
notice designating the miners' representative be posted by the mine
operator on the mine bulletin board and maintained in current status.
Once the required information has been filed, a representative retains
his or her status unless and until his or her designation is
terminated. Under 30 CFR 40.5, a representative who wishes to terminate
his or her designation must file a written statement with the
appropriate district manager terminating his or her designation.
Section 109(d) of the Mine Act, requires each operator of a coal or
other mine to file with the Secretary of Labor (Secretary), the name
and address of such mine, the name and address of the person who
controls or operates the mine, and any revisions in such names and
addresses. Title 30, CFR part 41 implements this requirement and
provides for the mandatory use of Form 2000-7, Legal Identity Report,
for notifying the MSHA of the legal identity of the mine operator.
The legal identity for a mine operator is fundamental to enable the
Secretary to properly ascertain the identity of persons and entities
charged with violations of mandatory standards. It is also used in the
assessment of civil penalties which, by statute, must take into account
the size of the business, its economic viability, and its history of
previous violations. Because of the rapid and frequent turnover in
mining company ownership, and because of the statutory considerations
regarding penalty assessments, the operator is required to file
information regarding ownership interest in other mines held by the
operator and relevant persons in a partnership, corporation or other
organization. This information is also necessary to the Office of the
Solicitor in determining proper parties to actions arising under the
Mine Act.
Under Title 30 CFR 56.1000 and 57.1000, operators of metal and
nonmetal mines must notify MSHA when the operation of a mine will
commence or when a mine is closed. Openings and closings of mines are
dictated by the economic strength of the mined commodity, and by
weather conditions prevailing at the mine site during various seasons.
MSHA must be aware of openings and closings so that its resources
can be used efficiently in achieving the requirements of the Mine Act,
30 U.S.C. 801 et seq. Section 103(a) of the Mine Act, 30 U.S.C. 813,
requires that each underground mine be inspected in its entirety at
least four times a year, and each surface mine at least two times per
year. Mines which operate only during warmer weather must be scheduled
for inspection during the spring, summer, and autumn seasons. Mines are
sometimes located a great distance from MSHA field offices and the
notification required by this standard precludes wasted time and trips.
II. Desired Focus of Comments
MSHA is particularly interested in comments which:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected; and
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submissions of responses.
A copy of the proposed information collection request can be
obtained by contacting the employee listed in the ADDRESSES section of
this notice or viewed on the internet by accessing the MSHA home page
(http://www.msha.gov/) and selecting ``Rules and Regs'', then selecting
``Fed Reg Docs.''
III. Current Actions
Currently, MSHA is soliciting comments concerning the extension of
the information collection requirements related to 30 CFR 40.3, 40.4,
and 40.5 (Representative of Miners), 30 CFR 41.20 (Notification of
Legal Identity), and 30 CFR 56.1000 and 57.1000
[[Page 35731]]
(Notification of Commencement of Operations and Closing of Mines).
Type of Review: Extension.
Agency: Mine Safety and Health Administration.
Title: Representative of Miners, Notification of Legal Identity,
and Notification of Commencement of Operations and Closing of Mines.
OMB Number: 1219-0042.
Affected Public: Business or other for-profit.
Frequency: On Occasion.
Number of Respondents: 4,945.
Number of Responses: 11,109.
Number of Burden Hours: 2,347.
Total Burden Cost (operating/maintaining): $3,550.
Comments submitted in response to this notice will be summarized
and/or included in the request for Office of Management and Budget
approval of the information collection request; they will also become a
matter of public record.
Dated at Arlington, Virginia, this 25th day of June, 2007.
David L. Meyer,
Director, Office of Administration and Management.
[FR Doc. E7-12525 Filed 6-28-07; 8:45 am]
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